Immigration Law

CA10 on H-2B, Improper Delegation: Daniels v. Perez

"The issue we confront is whether an agency may, without Congressional authorization, delegate its decision-making responsibility to an entirely different agency. Courts are quite tolerant of the administrative practices of agencies, but passing the buck on a non-delegable duty exceeds elastic limits. This case is remanded to the district court to enter judgment consistent with this order and judgment." - Daniels v. Perez, Sept. 3, 2015, unpub.  [Hats off to Chris Pooley!]